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Whenever any lot or parcel of land belonging to the United States, or to the State of California, or to the County of Los Angeles, or to the City of Los Angeles, or to any public agent or mandatory of the government, whether federal, state, county or municipal, and being used in the performance of any public governmental function, shall be included within the district to be assessed to pay the costs and expenses of the proposed improvement, the Council may, in the Ordinance of Intention, declare that said lots or parcels of land, or any of them, shall be omitted from the assessment thereafter to be levied to cover the costs and expenses of the improvement, in which event the total amount to be assessed for the improvement shall be assessed upon the remaining lots or parcels of land lying within the limits of the Assessment District, without regard to such omitted lots or parcels of land. In the event that there is no declaration in the Ordinance of Intention that any such lots or parcels of land shall be omitted from the assessment, then the City shall be liable for such sums as may thereafter be assessed against those lots or parcels, which sums shall be payable by the City out of the general fund unless another fund is designated therefor. However, any such sums which may be assessed against any such lots or parcels of land shall not be payable by the City when such sums are paid by the owner of or the governing body controlling such lots or parcels of land.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 117,944.
Whenever the owner or the governing body having control of any lot or parcel of land owned and used as provided in Section 6.100, or of any land which has become so owned and used subsequent to being assessed, tenders, prior to the issuance of a deed on account of delinquency, the payment of the unpaid amount assessed against the property pursuant to this chapter, the City Engineer is authorized to accept such assessed amounts in full payment thereof and in redemption from any sale hereunder and to waive payment of any penalties, costs of sale and any other charges imposed for redemption under this chapter.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 117,944; Ord. No. 149,941*, Eff. 8-15-77.
Upon the filing of said report, the City Clerk shall present the same to the City Council for consideration, and the City Council may approve, correct or modify the same in any respect, or may direct the Board of Public Works to make changes therein. When said report has been approved, or approved as modified and corrected, the Council may pass an ordinance declaring its intention to order the said improvement. Said Ordinance of Intention, in addition to the matters required in Section 6.97, shall refer to the report of the Board of Public Works on file in the office of the City Clerk, and shall contain also a notice of the time and place when and where protests relative to the proposed improvement will be heard by the City Council, which time shall be not less than 20 days from the date of passage by the Council of the Ordinance of Intention. Said ordinance shall be published by one insertion in a daily newspaper published and circulated in the City of Los Angeles.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 108,449.
After the adoption of the Ordinance of Intention the Board of Public Works shall cause a notice, entitled “Notice of Street Lighting Maintenance,” to be published not less than two times in a newspaper of general circulation printed and published in the City. Such notice shall contain statements of the facts of the passage of such ordinance and that an assessment is proposed to be levied therefor, the ordinance number and the time and place when and where protests relative to the proposed improvement or appeals against the assessment will be heard by the Council. It shall briefly describe the improvement substantially the same as it is described in the Ordinance of Intention, and refer to the Ordinance of Intention for further particulars. The publication of the notice shall be completed at least ten days prior to the time set for the hearing of protests.
In proceedings for maintenance of and furnishing of current to any street lighting system for the first period after its acceptance or acquisition by the City, the City Engineer shall mail notices, at least 15 days prior to the date fixed for the hearing, addressed to the owners of real property within the Assessment District, as their names appear upon the real property ownership records of the City Engineer’s office, stating the time, place and purpose of the hearing, and the period for which the said maintenance and furnishing of current is proposed. Such mailed notices shall also state that necessary maintenance and current for succeeding periods may be ordered after hearings by the Council of protests relating thereto, and that notice of such hearings shall be published at least 10 days prior to the dates of hearing; and that for any or all of such succeeding periods the said system or district may be maintained separately or may be incorporated with other systems or districts. If the published notices for such first periods of maintenance contain similar statements, copies thereof may be mailed by the City Engineer to property owners in the district in compliance with this paragraph. The failure of the City Engineer to mail any such notice or the failure of any person to receive the same shall not affect the validity of any assessment or other proceeding provided for in this chapter.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 116,470; 2nd Para., Ord. No. 181,595, Eff. 4-10-11.
At any time prior to the day set for hearing protests in relation to the proposed improvement any person interested and affected by the proposed assessment may make written protest stating the person’s objections thereto. Such protests must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and be delivered to the City Clerk, and no other protests shall be considered. The City Clerk shall endorse on every such protest the date of its reception by the City Clerk, and shall, at the time appointed for said hearing, present the same to the Council.
At the time set for hearing protests or at any time to which the hearing may be continued the Council shall proceed to hear and pass upon all protests so made and its decision shall be final and conclusive. At such hearing the Council, by an affirmative vote of four-fifths of its members, may order changes in the proposed improvement by the elimination of any portion thereof and in the boundaries of the proposed Assessment District to eliminate therefrom any territory which will not, in its opinion, be benefited by the improvement to be made, and, by a majority vote, may confirm, amend, alter, modify or correct the assessment or diagram in such manner as to it shall seem just. If protests are sustained, the proceedings shall be abandoned but may be renewed any time. If protests are denied, or in case no protests have been filed, the proposed or modified assessment shall be confirmed and the Council shall be deemed to have acquired jurisdiction to further proceed in accordance with the provisions of the chapter.
Thereafter the Council shall, by ordinance, order the improvement as proposed or changed to be made and declare its confirmation of the said assessment, which ordinance shall be final and conclusive on all persons in all particulars and the assessment shall thereafter be levied as hereinafter provided upon the lots, pieces or parcels of land within the Assessment District.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 105,920.
The validity of any assessment levied under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty days after the time said assessment is levied, and any appeal from a final judgment in such action or proceeding must be perfected within thirty days after the entry of such judgment.
SECTION HISTORY
Based on Ord. No. 75,000.
Upon the confirmation on the assessment the City Clerk shall transmit the diagram and assessment to the Board of Public Works; and, after the ordinance ordering the improvement is published, the said Board shall record such assessment and diagram in a suitable book to be kept in the Bureau of Engineering for that purpose, and append thereto its certificate of the date of the recording. Such record shall constitute the Assessment Roll and from the date of the recording all persons shall be deemed to have notice of its contents.
Immediately upon such recording the assessments shall be deemed to be levied, and the several amounts assessed shall be liens against the lots, pieces or parcels of land assessed, respectively. The lien shall be subordinate to all existing Special Assessment liens previously imposed upon the same property, but shall have priority over all Special Assessment liens which may thereafter be created against the property, and shall be paramount to all other liens except for state, county and municipal taxes. The lien shall continue until the assessment is paid or the property is sold and deeded to the purchaser or assignee as provided herein.
SECTION HISTORY
Based on Ord. No. 75,000.
Amended by: Ord. No. 105,581; 1st Para., Ord. No. 149,941*, Eff. 8-15-77.
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